Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Worst Forms of Child Labour Convention, 1999 (No. 182) - South Africa (Ratification: 2000)

Other comments on C182

Observation

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Article 5 of the Convention. Monitoring mechanisms and application of the Convention in practice. In its previous comments, the Committee noted with concern that, according to the survey on child labour and other work-related activities in South Africa of 2010 (SAYP 2010), among children aged 7 to 17 who were engaged in economic activities, exposure to hazardous work was common; respectively 42.3 per cent among children aged 7–10, 41.8 per cent among children aged 11–14 and 41.3 among children aged 15–17. Moreover, a total of 90,000 children were reported to have been injured in the 12 months preceding SAYP 2010 while doing an economic work activity.

The Committee notes the Government’s statement in its report that the analysis of the SAYP 2010 was taken into account in compiling the action steps of the third phase (2013–17) of the Child Labour Programme of Action (CLPA), and that a standard operating procedure on finding child labour for labour inspectors was drafted. The Committee also notes that attempts to access data from provinces have proved unsuccessful, despite the provision of training and the reporting matrix to provincial departments of social development (DSD) and civil society organizations, which are the monitoring mechanisms of the Children’s Act 38 of 2005. The Committee expresses its concern at the absence of data on the number of children engaged in the worst forms of child labour. The Committee urges the Government to intensify its efforts to eliminate the worst forms of child labour, in particular hazardous work. It also requests the Government to provide information on the nature, extent and trends of the worst forms of child labour, and to provide information on the number and nature of infringements reported by the labour inspectorate, as well as through the monitoring mechanisms established by the Children’s Act.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. Child orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously requested the Government to provide information on the effective and time-bound measures taken to protect OVCs from the worst forms of child labour. The Committee notes with regret that, the information requested was not provided. The Committee notes the information in the Government’s country progress report to the United Nations General Assembly Special Session on the Declaration of Commitment to HIV/AIDS of 2012 that the DSD mainly supports OVCs through a basket of services, including food support, home care, drop-in centres and psychosocial support through Home and Community-Based Care (HCBC) workers. In 2011, 1,744,573 OVCs were supported through organizations funded by both the DSD and other development partners. The Committee also notes that according to the 2015 UNAIDS estimates, the number of OVCs due to AIDS aged 0–17 remains at approximately 2.1 million children, which is the same figure as in 2011. Expressing its concern at the large number of OVCs who are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It also once again requests the Government to provide information on the effective and time-bound measures taken in this regard and on the results achieved.

The Committee is raising other matters in a request addressed directly to the Government.